MEMBERS OF THE BOARD

 

ALLEN ISHIDA

District One

 

CONNIE CONWAY Chairman

District Two

 

PHILLIP A. COX

District Three

 

J. STEVEN WORTHLEY

District Four

 

MIKE ENNIS

District Five

 

 

Board of Supervisors

 

Agenda

 

 

 

 

JEAN ROUSSEAU

County Administrator

 

KATHLEEN BALES-LANGE

County Counsel


MICHELLE BALDWIN

Chief Clerk

 

ADMINISTRATION BUILDING

2800 W. Burrel Avenue

Visalia, CA 93291

(559) 733-6271

FAX (559) 733-6898


SITTING AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

THE TULARE COUNTY REDEVELOPMENT AGENCY

 

January 15, 2008

 

9:00 A.M. Board Convenes

 

PLEDGE OF ALLEGIANCE

 

Moment of Silence

 

 

 

NOTICE TO THE PUBLIC

PUBLIC COMMENT PERIOD

At this time, members of the public may comment on any item not appearing on the agenda. Under state law, matters presented under this item cannot be discussed or acted upon by the Board at this time. For items appearing on the agenda, the public is invited to make comments at the time the item comes up for Board consideration. Any person addressing the Board will be limited to a maximum of three (3) minutes so that all interested parties have an opportunity to speak. At all times, please use the microphone and state your name and address for the record.


(Public Comment Period)

 

1.                  9:00 a.m. State of the County presented by Chairman Connie Conway.

2.                  9:00 a.m. Legislative update given by Paul Yoder, Strategic Local Government Services. Review, modify, and adopt the Proposed 2008 State Legislative and Regulatory Platform.

3.                  1:30 p.m. Receive presentations by the Mooney Grove Park Request for Qualifications Finalists. Select a firm to provide the requested services. Direct staff to return on January 29, 2008 with a negotiated final contract and authorize the Chairman to sign the contract, subject to approval as to form by County Counsel.


 

9:30 A.M. TIMED ITEMS

 

(Timed Items)

4.                  PUBLIC HEARING: Request from Resource Management Agency to uphold an appeal filed by Stuart Miller, Wellman & Warren LLP, Attorneys at Law and approve Special Use Permit No. PSP 02-085 to allow live entertainment (adult only live entertainment), located on the north side of Mineral King Avenue, approximately 965 feet west of Road 158, east of the City of Visalia, in conjunction with a non-alcoholic bar and card room, as recommended by staff in the staff report with revised conditions of approval.

(Consent Calendar)

CONSENT CALENDAR (Number 5 through 24)

 

 

NOTICE TO THE PUBLIC

Background information has been provided to the board on all matters listed under the Consent Agenda, and these items are considered to be routine by the Board. All items under the Consent Agenda are normally approved by one motion. If discussion is requested by any Board members on any item, that item will be removed from the Consent Agenda if separate action is required.

 

 

 

Board of Supervisors

5.                  Reappoint Wayne Millies as District 5 Representative to the Tulare County Planning Commission for a term ending December 31, 2011.

6.                  Reappoint Christine Foster, Environmental Seat to the San Joaquin Valley Unified Air Pollution Control District Citizens Advisory Committee for a term ending January 31, 2011.

7.                  Appoint Tom Link to the Visalia Public Cemetery District for a term ending October 20, 2009.

8.                  Approve the 2008 Board of Supervisors Committee Assignments.

9.                  Approve a Resolution encouraging the University of California Board of Regents to support University of California Merced's efforts to establish a School of Medicine in the San Joaquin Valley.

County Administrative Office

10.             Request from Capital Projects to waive Public Bidding requirements for the installation of new water service for Fire Sprinkler and Domestic Water service for the Visalia Library Project. Authorize the Purchasing Agent to complete a Public Works Agreement with P&G Construction in the amount of $37,550.

 

 

Fire Department

11.             Approve the sole source purchase of 126 AKRON fire hose nozzles from LN Curtis in the amount of $66,064. Authorize the Purchasing Agent to waive the bid and make the sole source purchase.

12.             Approve an agreement with Cal Fire for Amador staffing at the Badger Forest Fire Station for the remaining 2008 non-fire season period. Authorize the Chairman of the Board to sign the agreement, subject to County Counsel approval.

Health & Human Services Agency

13.             Approve a waiver of bid and allow the Tulare County Purchasing Agent to contract with Sun Meadow, G.A. Food Service, Inc. in the amount of $60,000 through June 30, 2008 for the purchase of complete meal packages that meet all of the new Title 22 CDA Nutrition guidelines for the Kings/Tulare Area Agency on Aging's (K/TAAA) Senior Nutrition Program.

Human Resources & Development

14.             Ratify and adopt the updated Tulare County Flexible Benefits Plan as a cafeteria plan under Section 125 of the Internal Revenue Code to provide benefits under the Plan are eligible to be excluded from Federal income tax. Authorize the Chairman to sign the Plan documents pending review and approval by County Counsel.

Information Technology

15.             Approve the purchase of a fixed asset, Fluke Test Equipment in the amount of $19,049.78. Approve the necessary budget adjustments. (4/5ths vote)

Resource Management Agency

16.             Ratify and approve 2007/2008 Transit Agreement with the City of Tulare for providing transit service, retroactive to July 1, 2007 through June 30, 2008. Find that the Board had authority to enter into the proposed agreement as of July 1, 2007, and that it was in the County's best interest to enter into the agreement on that date.

17.             Ratify and approve an amendment to Lease Agreement No. 18196 between Health and Human Services Agency and C&J Commercial Properties to extend the lease term for one year for office space located at 3350 W. Mineral King, in the City of Visalia. Find that the Board had authority to enter into the proposed agreement as of December 19, 2007 and that it is in the County's best interest to enter into the agreement on that date.

18.             Introduce and waive the first reading of an Ordinance amending the Tulare County Zoning Ordinance 352 pertaining to contractor's storage yards in the Rural Residential (R-A) Zone as recommended by the Planning Commission. Set the Public Hearing at 9:30 a.m. on January 29, 2008. Approve the Ordinance Amendment summary and direct the Clerk of the Board to publish such summary and to post a certified copy of the complete ordinance five (5) days prior to the Ordinance Amendment adoption date (January 29, 2008) as required by Section 25124 et. seq.

19.             Introduce and waive the first reading of an Ordinance amending Tulare County Zoning Ordinance No. 352 to consider Change of Zone No. PZ 07-010 from the AE-20 (Exclusive Agricultural 20-acre minimum) Zone to M-2-SR (Heavy Manufacturing with Site Review combining) Zone on 150+ acres located on the south side of Avenue 432 and 430, 700 feet west of Road 72, northwest of Dinuba. Set the Public Hearing for January 29, 2008 at 9:30 a.m.

20.             Approve the Proposition 40 Per Capita Grant Project for the renovations and upgrades of the Irrigation Systems at Mooney Grove Park. Approve the Proposition 40 Per Capita Grant Project for the renovations of the restroom facilities at Alpaugh Park, Balch Park, Bartlett Park, Cutler Park, Elk Bayou Park, Mooney Grove Park, Pixley Park, and Woodville Park. Approve the Proposition 40 Per Capita Grant Project for the construction of a new Skate Board Facility at Ledbetter Park. Authorize Auditor to make the necessary budget adjustments. (4/5ths vote) Approve an exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) on the basis that the restroom renovation is the replacement of an existing system, and involves negligible or no expansion of an existing use. Approve an exemption pursuant to Section 15303 of the California Environmental Quality Act (CEQA) on the basis that the skate board facility is new construction of limited small new facilities. Authorize the Chairman to sign the Project Application and the California State Parks' California Environmental Quality Act Compliance Certification Forms.

21.             Certify that the Board has reviewed and considered the information contained in the Mitigated Negative Declaration for the proposed Change of Zone No. PZ 06-006 from R-A (Rural Residential) Zone to C-2 (General Commercial) Zone on a 4.71-acre site located on the northwest corner of State Highway 63 (Road 124) and Avenue 322, north of Visalia together with any comments received during the public review process, in compliance with the California Environmental Quality Act and the State Guidelines for the Implementation of the California Environmental Quality Act of 1970 prior to taking action on the Change of Zone. Find there is no substantial evidence that said change of zone will have a significant effect on the environment and determine that the Mitigated Negative Declaration reflects the independent judgment of the County and has been completed in compliance with the California Environmental Quality act and the State Guidelines for the implementation of the California Environmental Quality Act of 1970, as amended. Waive the final reading and adopt the Ordinance amendment. Direct the Clerk of the Board of Supervisors to publish the adopted Ordinance and return the signed Notice of Determination to Resource Management Agency.

22.             Approve and Award an agreement for Job Order Contracting for construction services to Velis Engineering, Inc., Sanger. Authorize the Chairman to sign the agreement upon receipt of approved certificates of insurance, bonds, evidence that the Contractor possesses a valid State Contractor's License, and upon approval as to form by County Counsel. Authorize the Resource Management Agency Director, or his designee, and the Senior Capital Projects Coordinator, or his designee, to act as the Project Managers in executing individual Job Orders. Authorize the Purchasing Agent to execute all documentation, agreements, etc. required to implement individual Job Orders under this agreement. Require that individual Projects/Job Orders that exceed the Purchasing Agent's authority will be brought back to your Board for approval prior to commencing.

23.             Approve commitment and expenditure of Tulare County Redevelopment Agency funds in the amount of $20,400 from the following sources: Cutler-Orosi ($6,800); Goshen ($6,800); and Ivanhoe ($6,800) to be used as local match for the 2008 Congestion Mitigation and Air Quality Application. Find that leveraging financial resources for the PM-10 Street Sweeper in these communities: (a) is consistent with the adopted Redevelopment Plans for Cutler-Orosi, Goshen, Ivanhoe, and Traver; (b) implements the affected redevelopment plans by assisting in the reduction of particulate matter in the air; (c) is consistent with the current Implementation Plans adopted in 2004, pursuant to Health and Safety Code Section 33131(a)(c) and Section 33133; and (d) will directly benefit low-or moderate-income persons. Find that there is no other reasonable and available means of financing the local match for proposed activities, and that the County does not have available funding for this purpose.

ADJOURN AS THE TULARE COUNTY BOARD OF SUPERVISORS AND

CONVENE AS THE TULARE COUNTY REDEVELOPMENT AGENCY

24.             Authorize submittal of a 2008 Congestion Mitigation and Air Quality grant application for $170,000 in funding to be distributed as follows: Congestion Mitigation and Air Quality Grant ($149,600) and Local Match ($20,400). Approve commitment of local match for this project as follows: Tulare County Redevelopment Agency ($20,400). Authorize the Chairman of the Board of Directors to sign the completed application and accompanying documents on behalf of the Agency including signing the Standard Agreement, with the State of California and any and all other documents or instruments necessary or required in support of the application, subject to County Counsel review and approval and as set forth in the Staff Report. Authorize the Tulare County Redevelopment Agency Executive Director to act on the Agency's behalf in all other matters pertaining to the application.

ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND

RECONVENE AS THE TULARE COUNTY BOARD OF SUPERVISORS

(Items Not Timed)

 

ITEMS NOT TIMED

Items not specifically timed may be taken in any order

 

25.             Request from Resource Management Agency to allow the project proponent of PZI 07-004 to file an application for a Change of Zone from Mountain Residential - 217,000 square foot minimum (MR-217) to Commercial Recreation (CO) within the Kennedy Mountain Plan Area.

26.             Request from Fire Department to receive an update on the operations and planning activities of the County of Tulare Fire Department following the first six months as a County managed department.

27.             Public Comments.

28.             Board of Supervisors matters.

(Closed Session)


 

NOTICE TO THE PUBLIC

CLOSED SESSIONS

As provided in the Ralph M. Brown Act, Government Code sections 54950 et seq., the Board of Supervisors may meet in closed session with members of its staff, county employees and its attorneys. These sessions are not open to the public and may not be attended by members of the public. The matters the Board will meet on in closed session are identified below or are those matters appropriately identified in open session as requiring immediate attention and arising after the posting of the agenda. Any public reports of action taken in the closed session will be made in accordance with Government Code sections 54957.1

 

 

CLOSED SESSION

 

It is the intention of the Board to meet in closed session concerning:

 

Sitting as the Tulare County Board of Supervisors

ITEM A

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Castillo, et al. v. County of Tulare

Tulare County Superior Court Case Number 07-222608

Next Item(s) Sitting as...

ITEM B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Details

(Government Code Section 54956.9(a).)

Gonzalez, Jesus et al. v. Castro, County of Tulare et al.

Tulare County Superior Court Case Number 07-223552

Next Item(s) Sitting as...

ITEM C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Details

Significant Exposure to Litigation Pursuant to Government Code Section 54956.9 (B)(1).)

Number of Potential Cases: 1

Appeal by Stuart Miller Attorney at law, Wellman & Warren LLP on Special Use Permit Application No. PSP 02-085 (Cheetah/Sugar Daddy's: Agent Laura Kennedy) for Adult -only live entertainment located on the north side of Mineral King Avenue, approximately 965 feet west of Road 158, east of the City of Visalia

Next Item(s) Sitting as...

ITEM D

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Details

(Government Code Section 54956.8)

Property: 36650 Road 112, Visalia CA 93291

Agency negotiator: Lynn Gregory

Negotiating parties: Administrative Office of the Courts

Under negotiation: Revocable license for use of real property (Adult Pre-Trial Facility)

 

 

Next Item(s) Sitting as...

ITEM E

CONFERENCE WITH LABOR NEGOTIATOR

Details

(Government Code Section 54957.6)

Agency Designated Representative: Tim Huntley, Jean Rousseau

Employee Organization: All Certified Employee Organizations

Unrepresented Employees: All Unrepresented Employees except Elected

Next Item(s) Sitting as...